Legal Opinion
United States v. Richard Frederick Ross
Court of Appeals for the Ninth Circuit
Decided October 26, 1972No. 72-1423PublishedCited by 76 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge.
Richard Ross was convicted under 50 U.S.C.App. § 462 for refusing to submit to induction into the armed forces. We affirm.
We consider Ross’ arguments seriatim.
I. Constitutionality of the Draft.
Ross’ arguments are foreclosed by prior decisions of this court. See United States v. Lumsden, 9 Cir., 1971, 449 F.2d 154; Harris v. United States, 9 Cir., 1969, 412 F.2d 384, 386.
II. Sufficiency of the evidence.
There is ample evidence that Ross’ refusal to be inducted was wilful. Psychiatric testimony to the contrary was rejected by the jury, as it could do. Gallion v. United…
2Cases cited17 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- Bolling v. SharpeSupreme Court of the United States · 1954
- Dunn v. BlumsteinSupreme Court of the United States · 1972
- Schneider v. RuskSupreme Court of the United States · 1964
- United States v. ButeraCourt of Appeals for the First Circuit · 1970
12 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- United States v. TestCourt of Appeals for the Tenth Circuit · 1976
- United States v. Elmer Brady, Jr., United States of America v. Joseph James WatersCourt of Appeals for the Ninth Circuit · 1978
- Commonwealth v. BastaracheMassachusetts Supreme Judicial Court · 1980
- United States v. James Dean PotterCourt of Appeals for the Ninth Circuit · 1977
- James Barber v. James PonteCourt of Appeals for the First Circuit · 1985
71 more not listed; retrieve them via the Exa API.